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HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5319 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 02-10 TO ALLOW THE CONSTRUCTION OF A 51-UNIT SENIOR HOUSING AIRSPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON STREET, NORTH OF LAGUNA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLA FRANCESCA CASE NO.: CT 02-10 WHEREAS, Anthony De Leonardis, “OwnerDeveloper,” has filed a verified application with the City of Carlsbad regarding property described as Lots 6, 7, 8, 9, 10, and 11, in Block 1 of Sunny Slope Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 486, filed in the Office of the County Recorder of San Diego County, February 7,1888 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A-B,” and “F-Q” dated December 18,2002, and revised Exhibits “C, D, and E” dated February 5, 2003 on file in the Planning Department VILLA FRANCESCA - CT 02-10 as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of December, 2002 and on the 5th day of February, 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF VILLA FRANCESCA - CT 02-10 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all regulations governing airspace subdivisions and the design of multi-family condominiums. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High (RH), Residential Medium High (RMH) and Residential Low-Medium (RLM) density development on the General Plan, and are developed with multi-family projects or single-family residences which would be compatible with a senior housing project. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the R-3 zone and senior citizen housing standards are incorporated into the project without the need for variances from development standards and the lot coverage of 54% is below the maximum 60% lot coverage allowed. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned and that there are no conflicts with established easements. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures is designed in a courtyard configuration to maximize the exposure of each unit to natural light and ventilation. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously graded and is surrounded by existing development. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project is served by existing storm drain and sewer collection facilities. The project is PC RES0 NO. 5319 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conditioned to comply with the National Pollution Discharge Elimination System Standards to prevent any discharge violations. 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated December 18,2002 including, but not limited to the following: Land Use - The project complies with the criteria established in the General Plan Residential Implementing Policies C.2 allowing density increases as outlined in detail in the staff report dated December 18, 2002, the project is appropriate for a higher residential density of 61 du/ac as allowed by Chapter 21.53 and Council Policy 43, and the project complies with the City’s General Plan goal to provide additional senior citizen housing for seniors of different income groups. Circulation - The project is served by an existing fully improved public street, Jefferson Street, which operates at an acceptable level of service. On- site circulation consists of a private driveway which provides access to basement level resident and guest parking spaces designed in accordance with City standards. Noise - The project is consistent with the 60 dBA exterior CNEL and is conditioned to incorporate noise mitigation measures to ensure compliance with the 45 dBA interior CNEL noise standards. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the project is requesting a density increase from 11.5 du/ac to 61 du/ac in exchange for providing a 100% senior housing “for-sale” condominiums with 51% of the units affordable to low and moderate income senior households. 10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuanc.e of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. PC RES0 NO. 53 19 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map (CT 02-10) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occw substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Villa Francesca Project PC RES0 NO. 5319 -4- Mitigation Monitoring and Reporting Program. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CP 02-05, SDP 02-04, and CDP 02-15 and is subject to all conditions contained in Planning Commission Resolutions No. 5318,5320,5321 and 5322 for those other approvals incorporated by reference herein. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This project is being approved as an air space condominium. There will be no individual ownership of land. A note to this effect shall be placed on the Final Map with the exact wording to the satisfaction of the Planning Director. Housing 14. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the PC RES0 NO. 53 19 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 26 dwelling units as “for-sale” affordable units for a minimum of thirty (30) years or in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. Eight (8) units shall be reserved for low income households (maximum 80% AMI) and eighteen (18) units shall be reserved for moderate income households (maximum 120% AMI). The developer must have an assumed household size of no more than 2 persons for 2-bedroom units within the project for the purposes of calculating the allowable sales price for the affordable units. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all hture owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Landscape 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. A. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Miscellaneous 17. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PC RES0 NO. 5319 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 18. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Specifically, the developer shall install a new bus stop, bench, trash receptacle, and boarding pad approximately 60’ north of the project entrance. Approximately 80’ of frontage must be “red-curbed” to the satisfaction of NCTD and the City of Carlsbad Engineering Department. The developer shall be responsible for the upkeep of the bus stop. Said facilities shall be free from advertising. PC RES0 NO. 5319 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. Notice 23. 24. 25. 26. This project is being approved as a condominium permit for senior citizen residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, Site Development Plan, and Coastal Development Permit by Resolutions No. 5319, 5320, 5321 and 5322 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. PC RES0 NO. 53 19 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. 28. Prior to the recordation of the final map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the recordation of the final map, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Onsite Conditions - Specific 29. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. Engineering Conditions: General 30. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 3 1. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 32. Developer shall provide to the City Engineer, an acceptable means, CC&Rs orland other recorded document, for maintaining the common areas within the subdivision and all the private improvements: streets, sidewalks, landscaping and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Storm drain facilities within the subject property are privately owned and maintained. The project CC&Rs shall include provisions for periodic observation and permanent maintenance of the detention facilities and storm drain system. 33. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. FeedAPreements 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 35. Pursuant to section 20.16.040 (d), The Developer shall execute and cause to be recorded a covenant running with the land, not to oppose an improvement district for underground placement of the existing overhead utilities. PC RES0 NO. 5319 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 37. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 38. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of a building permit for the project. Dedications/Improvements 39. 40. 41. 42. Any placement of any water meters or other public utilities outside of the existing right-of-way will require dedication of additional easements. Developer shall make an offer of dedication to the City for any necessary easements at the time of final design. Developer shall dedicate easements by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map including, but not limited to: removal and replacement of existing driveways, curb, gutter and sidewalk; paving and base; fire hydrants; sewer and water laterals; and traffic control. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and PC RES0 NO. 53 19 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Final Map Notes 43. Developer shall show on Final Map the net developable acres for each parcel. 44. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Fire 45. CFD shall allow the installation and use of the basement level storage areas with the - following conditions: A. The walls separating the U occupancies (storage closets) fi-om the parking garage shall be masonry construction. All cells shall be fully grouted. B. Entry doors to the storage closets shall be metal frame, metal door, listed 1 % hour assemblies that have an integral window for viewing inside the storage closets. C. The entry doors to the closets shall be master keyed so that the HOA has access to the areas for routine inspections. There shall be no electrical outlets within the storage closets. There may be general lighting within the closet installed in conformance with the National Electric Code. D. Signage shall be installed at each closet door noting that storage of flammable liquids or gasses is prohibited. E. Fire extinguishers shall be installed at a minimum 100 feet travel distance throughout the parking garage and storage closet areas. F. Automatic fire protection in storage units shall be upgraded to quick response heads and the fire sprinkler head for each closet shall be separated from the storage closet with a chain link ceiling assembly which will prohibit storage PC RES0 NO. 5319 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 above the ceiling level and allow full operation of the sprinkler head and access to the light fixture for maintenance. G. The storage closets shall be owned by and managed by the HOA. The HOA shall have the responsibility and duty to ensure that all closets uses are limited to storage of ordinary household goods, which are consistent with the operation of a dwelling unit. There shall be no storage of flammable liquids or gases of any type in any type of container. H. There shall be gravity ventilation to the exterior from each individual storage closet. I. The proposed elevator be of sufficient design to accommodate an ambulance gurney in the prone position. Code Reminders - Fees 46. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 47. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 48. 49. 50. 51. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feedexactions.” PC RES0 NO. 5319 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of February, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson BAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMKLER Planning Director PC RES0 NO. 5319 -13-